Opinion
MOTION NO. (405/22) CA 21-00235
11-10-2022
Geraldine CLARK and Moses Clark, Plaintiffs-Appellants-Respondents, v. Stephan J. RACHFAL, M.D., Defendant, John Cucinotta, M.D., Crouse Radiology Associates, LLP, Defendants-Appellants, Crouse Hospital Emergency Medicine Department, Crouse Health Hospital, Inc. and Krista J. Kandel, M.D., Defendants-Respondents.
Motion for reargument be and the same hereby is granted in part and, upon reargument, the memorandum and order entered July 8, 2022 (207 A.D.3d 1173, 171 N.Y.S.3d 710 [4th Dept. 2022] ) is amended by deleting the second and third sentences of the sixth paragraph of the memorandum and substituting the following sentences: "Dr. Kandel permitted plaintiff to leave the hospital while a review of her brain MRI was pending. Plaintiffs’ expert opined that discharging plaintiff before a review of the scans was complete constituted a deviation from the standard of care in light of plaintiff's medical history, which indicated a significant stroke risk."